Decision to Request Immunity—The Public Interest

Section 6003(b) of Title 18, United States Code, authorizes a United States Attorney to request immunity when, in his/her judgment, the testimony or other information that is expected to be obtained from the witness "may be necessary to the public interest." Some of the factors that should be weighed in making this judgment include:

The importance of the investigation or prosecution to effective enforcement of the criminal laws;

The value of the person's testimony or information to the investigation or prosecution;

The likelihood of prompt and full compliance with a compulsion order, and the effectiveness of available sanctions if there is no such compliance;

The person's relative culpability in connection with the offense or offenses being investigated or prosecuted, and his or her criminal history;

The possibility of successfully prosecuting the person prior to compelling his or her testimony;

The likelihood of adverse collateral consequences to the person if he or she testifies under a compulsion order.

These factors are not intended to be all-inclusive or to require a particular decision in a particular case. They are, however, representative of the kinds of factors that should be considered when deciding whether to seek immunity.